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Laws of the State of North Carolina, passed by the General Assembly [1848-1849]

ROADS -TURNPIKE. 1S43-49 in
CHAPTER, XC.
AN' aCT to provide for a Turhpike Road fcom Salisbory, Wesi,
to tlie lirie of the State of Georgia." '
Sec I. Be U enacted by the General .Assembhj of, tht State
of North Carolina, and it is hereby enacted by the aidhovity oj The roacl^
thesarre, That there shall be laid out and established a turnpike
road from Salisbury, West, to the county of Cherokee and to tlic
line of the State of Georgia.
Sec. 2. Be if further enacted, That the said road .«hail be
made thirty f^et wide, except where tfiere' shall be side cuttings, T^^iaJ, lioiv
and in such plapes it shall be twenty feet wide 5 find in ho part '
*
of the road shall it rise-, in ascending any hill or mountain, mdre
than one fpot in sixteen feet, exeept tliat part of thf. road west of
the Buncombe Turnpike Road ; and in that part it^Tiall 6e made
twenty feet wide, except where there is side cuttings, and tjierc it
shall be fifleen feet wide; and in no part to be steeper than, to rise
one foot in ten feet ; and to be Avell m^de, Under^he direction and
superintendence of an agent of the State, to be 'appointed as here-inafter
provided.
Sec. 3. Be it further enacted, That it shall be the duty
of the Governor to appoint a cxjmpetent and experienced engineer Ensmpei'
and three commissioners, to sirrvey and locate said road, wlio missioners
shall first take an oath before one of the 'Judges of the Superior
or Supreme 6ourts, f^iithfidly to disciiarge said duty to the great-est
advantanre for the State, *•
Sec. 4. Be it furthei^ enacted, That "if the owner or oM^nei^ of
any land through which ^aid road shall pas?^, stiall conceive him, Damarre
her, or themselves injured thereby, it sliall be competent for such '° ^
owner or owners, either by petition or irrotion to the county court
of the county in which the damage is done, prayinj^Tora jury to
view the premises and assess the damages sustained; and it «hn1l
be the duty of the court to order such jury to be summoned wh
in other cases of public roads; and it shall be the duty of the ju-ry
to take into consideration the advanSage to the land, es well as
xlie injury occasioned by the making of said road; and on the re-port
of the jury made to and confirrned by such court, the dam-age
shall be paid bv the cortintv in which- ibe damage is susi9iM«d.

ROADS -TURNPIKE. 1S43-49 in
CHAPTER, XC.
AN' aCT to provide for a Turhpike Road fcom Salisbory, Wesi,
to tlie lirie of the State of Georgia." '
Sec I. Be U enacted by the General .Assembhj of, tht State
of North Carolina, and it is hereby enacted by the aidhovity oj The roacl^
thesarre, That there shall be laid out and established a turnpike
road from Salisbury, West, to the county of Cherokee and to tlic
line of the State of Georgia.
Sec. 2. Be if further enacted, That the said road .«hail be
made thirty f^et wide, except where tfiere' shall be side cuttings, T^^iaJ, lioiv
and in such plapes it shall be twenty feet wide 5 find in ho part '
*
of the road shall it rise-, in ascending any hill or mountain, mdre
than one fpot in sixteen feet, exeept tliat part of thf. road west of
the Buncombe Turnpike Road ; and in that part it^Tiall 6e made
twenty feet wide, except where there is side cuttings, and tjierc it
shall be fifleen feet wide; and in no part to be steeper than, to rise
one foot in ten feet ; and to be Avell m^de, Under^he direction and
superintendence of an agent of the State, to be 'appointed as here-inafter
provided.
Sec. 3. Be it further enacted, That it shall be the duty
of the Governor to appoint a cxjmpetent and experienced engineer Ensmpei'
and three commissioners, to sirrvey and locate said road, wlio missioners
shall first take an oath before one of the 'Judges of the Superior
or Supreme 6ourts, f^iithfidly to disciiarge said duty to the great-est
advantanre for the State, *•
Sec. 4. Be it furthei^ enacted, That "if the owner or oM^nei^ of
any land through which ^aid road shall pas?^, stiall conceive him, Damarre
her, or themselves injured thereby, it sliall be competent for such '° ^
owner or owners, either by petition or irrotion to the county court
of the county in which the damage is done, prayinj^Tora jury to
view the premises and assess the damages sustained; and it «hn1l
be the duty of the court to order such jury to be summoned wh
in other cases of public roads; and it shall be the duty of the ju-ry
to take into consideration the advanSage to the land, es well as
xlie injury occasioned by the making of said road; and on the re-port
of the jury made to and confirrned by such court, the dam-age
shall be paid bv the cortintv in which- ibe damage is susi9iM«d.